Gardner v. Pierce County Board of Commissioners

Booth Gardner appeals from a Superior Court judgment affirming the Pierce County Board of Commissioners approval of a preliminary plat of an area adjacent to his home. The Superior Court determined, among other things, that there was insufficient evidence to establish that the preliminary plat violates a state regulation, WAC 248-96-090. We hold that such a violation was established and the Countys negative declaration of environmental significance was consequently clearly erroneous. Hence we reverse.